Miss Rosemary Martin Respondent2: (1) Bell Lane Primary School & (2) London Borough of Barnet v Respondent — 2022

The case was heard at Watford Hearing Centre before Employment Judge G Tobin, sitting with Mr A Scott and Mr C Surrey, on 28, 29, 30, 31 March and 1 April 2022. At the outset of the hearing the respondent conceded part of the claimant's unlawful deduction of wages claim. The tribunal found that the claimant had been subject to an unlawful deduction of wages under s13 Employment Rights Act 1996. The parties agreed compensation of £10,616.83 in respect of outstanding notice, outstanding wages, and the shortfall in the redundancy payment; the judgment does not split that sum between the different heads of loss.

The tribunal also found that the claimant had made a protected disclosure under s43B Employment Rights Act 1996. However, it found that she was not subjected to any detriment on the ground of that disclosure under s47B, and that the respondents did not dismiss her because she had made a protected disclosure under s103A. The whistleblowing claims were therefore dismissed.

On the Equality Act claims, the tribunal found that the claimant was disabled within the meaning of s6 Equality Act 2010. It nevertheless rejected the claim under s15, finding that she was not discriminated against because of something arising in consequence of her disability, and it also rejected the reasonable adjustments claim under ss20-21. The unfair dismissal claim under s94 Employment Rights Act 1996 was dismissed. The tribunal further recorded that the respondents' costs application was unmeritorious and was refused.